[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Rules and Regulations]
[Pages 55259-55266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23168]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-LAMR-18708; PPWONRADE2, PMP00EI05.YP0000]
RIN 1024-AD86


Special Regulations; Areas of the National Park System, Lake 
Meredith National Recreation Area, Off-Road Motor Vehicles

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service is amending its special regulations 
for Lake Meredith National Recreation Area to require permits to 
operate motor vehicles off roads, designate areas and routes where 
motor vehicles may be used off roads, create management zones that will 
further manage this activity, and establish camping, operational, and 
vehicle requirements. These changes will allow off-road vehicle use for 
recreation while reducing associated impacts to resources. Unless 
authorized by special regulation, operating a motor vehicle off roads 
within areas of the National Park System is prohibited.

DATES: This rule is effective October 15, 2015.

FOR FURTHER INFORMATION CONTACT: Robert Maguire, Superintendent, Lake 
Meredith National Recreation Area, P.O. Box 1460, Fritch, Texas 79036-
1460, by phone at 806-857-3151, or by email at [email protected].

SUPPLEMENTARY INFORMATION:

Purpose and Significance of Lake Meredith National Recreation Area

    Congress established Lake Meredith National Recreation Area (LAMR 
or recreation area) in 1990 ``to provide for public outdoor recreation 
use and enjoyment of the lands and waters associated with Lake Meredith 
in the State of Texas, and to protect the scenic, scientific, cultural, 
and other values contributing to the public enjoyment of such lands and 
waters. . . .'' 16 U.S.C. 460eee.
    Situated approximately 35 miles north of Amarillo, Texas, within 
Potter, Moore, Hutchinson, and Carson counties, LAMR is approximately 
45,000 acres in size and is the largest public landmass in the Texas 
Panhandle. LAMR includes a variety of habitats that are uncommon in the 
region, including aquatic, wetland, and riparian areas, and one of the 
few areas in the region with trees. The natural and

[[Page 55260]]

geologic resources of the area have enabled a continuum of human 
presence in the area for more than 13,000 years. The exposed geologic 
features on the walls of the Canadian River valley (i.e., the 
``breaks'') reveal active geologic processes that are easily visible to 
an extent not present elsewhere in the region. The recreation area is 
also home to the Arkansas River shiner (Notropis girardi), a fish 
species that is federally listed as threatened.

Authority To Promulgate Regulations

    The National Park Service (NPS) manages LAMR under the statute 
commonly known as the NPS Organic Act of 1916 (Organic Act) (54 U.S.C. 
100101 et seq.), which gives the NPS broad authority to regulate the 
use of the park areas under its jurisdiction. The Organic Act 
authorizes the Secretary of the Interior, acting through NPS, to 
``prescribe such regulations as the Secretary considers necessary or 
proper for the use and management of [National Park] System units.'' 54 
U.S.C. 100751(a).
    Executive Order 11644, Use of Off-Road Vehicles on the Public 
Lands, issued in 1972 and amended by Executive Order 11989 in 1977, 
requires federal agencies to issue regulations designating specific 
areas and routes on public lands where the use of off-road vehicles may 
be used. The NPS implemented these Executive Orders in 36 CFR 4.10.
    Under 36 CFR 4.10, the use of motor vehicles off established roads 
is not permitted unless routes and areas are designated for off-road 
motor vehicle use by special regulation. Under 36 CFR 4.10(b), such 
routes and areas ``may be designated only in national recreation areas, 
national seashores, national lakeshores and national preserves.'' The 
rule will designate routes and areas where motor vehicles may be used 
off roads in compliance with 36 CFR 4.10 and Executive Orders 11644 and 
11989. The rule will replace regulations promulgated in 1975 that 
designate areas for off-road vehicle (ORV) use.

Off-Road Motor Vehicle Use at LAMR

Designated ORV Use Areas

    LAMR provides a variety of visitor experiences, including the use 
of ORVs. In 1975, the NPS promulgated a special regulation (40 FR 762, 
January 3, 1975) at 36 CFR 7.57(a) designating two ORV use areas at 
LAMR: (i) Blue Creek, with 275 acres for ORV use in the creek bottom 
between the cutbanks; and (ii) Rosita, with approximately 1,740 acres 
for ORV use below the 3,000-foot elevation line. These two areas remain 
the only areas designated for ORV use in the recreational area.
    The Blue Creek ORV area is in the Blue Creek riparian area at the 
northern end of the recreational area that empties into Lake Meredith. 
ORV use at Blue Creek is allowed only in the creek bottom along both 
sides from cutbank to cutbank. Cutbanks, also known as river-cut 
cliffs, are the outside banks of a water channel and are located at the 
base of the hills at the edges of the creek bed.
    The Rosita ORV area is a riparian area of the Canadian River at the 
southern end of the recreation area. ORV use at Rosita is in the 
Canadian River bed as well as the surrounding hills, in some cases out 
to a mile or more. Although the authorized area is below the 3,000-foot 
elevation line, and ORV use outside the authorized area is prohibited, 
it is difficult for ORV users to determine the exact location of the 
3,000-foot elevation line.

Changes in ORV Use at LAMR

    ORV use at Blue Creek and Rosita has changed considerably since the 
areas were designated by special regulation in 1975, both in intensity 
and the types of vehicles used. ORV use has taken place at Blue Creek 
and Rosita since at least the 1950s. Throughout the 1960s, ORVs 
primarily consisted of a small number of ``river buggies'' crafted from 
old automobiles to operate in the Canadian River bottom. A few people 
used dirt bikes, motorcycles, or surplus military vehicles to access 
the area. Standard four-wheel-drive vehicles were rarely seen.
    Today, visitors use a variety of vehicle types, including all-
terrain vehicles (ATVs), utility task vehicles (UTVs), dune buggies, 
rock crawlers, and standard four-wheel-drive vehicles. Regardless of 
the vehicle type, the majority of ORV use at LAMR has been and 
continues to be for recreation, rather than transportation. ORV users 
are both local and from urban areas, especially at Rosita. ORV use is 
often, but not always, family focused. In February, an annual three-day 
event called Sand Drags is held just outside the recreation area north 
of Rosita. This locally sponsored racing event draws approximately 
30,000 visitors to the area, including hundreds of motorcycles, four 
wheelers, sand rails, and river buggies. This event results in the 
highest annual visitation to the recreation area with a notable 
increase in recreational ORV use.
    Changes in the intensity and type of ORV use at LAMR have impacted 
natural and cultural resources and raised concerns about visitor 
experience, health, and safety. Impacted resources include soils, 
vegetation, water, soundscapes, wildlife and wildlife habitat, 
threatened species, and archeological sites. These impacts are 
described in the January 2015 Final Off-Road Vehicle Management Plan/
Environmental Impact Statement (FEIS) that is discussed below.

Off-Road Vehicle Management Plan/Environmental Impact Statement

    The rule will implement the preferred alternative (Alternative D) 
for the recreation area described in the FEIS. On June 26, 2015, the 
Regional Director of the Intermountain Region signed a Record of 
Decision (ROD) identifying the preferred alternative as the selected 
action. The FEIS, which describes the purpose and need for taking 
action, the alternatives considered, the scoping process and public 
participation, the affected environment and environmental consequences, 
and consultation and coordination, and the ROD may be viewed on the 
recreation area's planning Web site at http://parkplanning.nps.gov/lamr, by clicking the link entitled ``ORV Management Plan and 
Regulation'' and then clicking ``Document List.''

Final Rule

Fee Permit System

    The rule will require a special use permit to operate a motor 
vehicle off road in the recreation area. With each permit the NPS will 
issue a decal that must be affixed to each vehicle in a manner and 
location determined by the superintendent. Decals will be required for 
each ORV operating in the recreation area or transported into the 
recreation area on a trailer. Families may submit a single application 
for special use permits for multiple vehicles that are registered or 
titled to members of that family. Annual permits will be valid for the 
calendar year the permit is issued; three-day and one-day permits will 
also be available and valid from the date designated on the permit. 
There will be no limit to the number of annual or other permits issued.
    Permits will be issued after the applicant reads educational 
materials and acknowledges in writing that he or she has read, 
understood, and agrees to abide by the terms in the permit governing 
ORV use in the recreation area. The permittee who signs the permit will 
be the responsible party for all vehicles listed on the permit, and 
must keep a hard copy of the permit with them on-site when the 
permittee or another person is operating the vehicle in the recreation 
area. The permittee is

[[Page 55261]]

responsible for the actions of all operators of a permitted vehicle, 
including compliance with the terms and conditions of the permit. 
Permit applications (NPS Form 10-933, ``Application for Special Use 
Permit--Vehicle/Watercraft Use'') will be available at headquarters 
(419 E. Broadway, Fitch, TX 79036) and on the recreation area's Web 
site. Completed permit applications may be submitted in person at 
headquarters or mailed to the recreation area at Lake Meredith National 
Recreation Area, P.O. Box 1460, Fritch, TX 79036. The NPS will process 
completed permit applications and provide a permit, or mail a permit, 
with instructions and educational materials to the applicant. After the 
applicant receives the permit, he or she will sign the permit and 
submit it to the park or mail it back to the park at the P.O. Box 
address. After the NPS receives the signed permit, it will provide or 
send a copy of the signed permit and a decal (to be affixed to the ORV) 
to the permit-holder. Violating the terms or conditions of any permit 
or failing to properly display the decal will be prohibited and may 
result in the suspension or revocation of the permit.
    The NPS intends to recover the costs of administering the special 
use permit program under 54 U.S.C. 103104. In order to obtain a special 
use permit to operate a motor vehicle off roads in the recreational 
area, the rule will require applicants to pay a permit fee to allow the 
NPS to recover these costs. The NPS will post a fee schedule at the 
recreation area and on the recreation area's Web site. The initial fee 
will be $40.00 per application, no matter how many vehicles are 
included in the application.

Designated Routes and Areas

    The rule will prohibit ORV use in the recreation area except for 
designated areas, routes, and access points. These locations will be 
identified on maps located at headquarters (419 E. Broadway, Fitch, TX 
79036) and on the recreation area's Web site, and will be marked on the 
ground with signs, posts, or cables.
    At Blue Creek, the rule will designate the following areas, routes, 
and access points for ORV use:

------------------------------------------------------------------------
                                 Designated locations       Part of a
                                      for ORV use       management zone?
------------------------------------------------------------------------
Blue Creek....................  Approximately 133.5     Low Speed Zone
                                 acres on the river      (partial
                                 bottom.                 overlap).
                                Approximately one       No.
                                 linear mile of routes
                                 and access points to
                                 the river bottom.
------------------------------------------------------------------------

    At Rosita, the rule will designate the following areas, routes, and 
access points for ORV use:

------------------------------------------------------------------------
                                 Designated locations       Part of a
                                      for ORV use       management zone?
------------------------------------------------------------------------
Rosita........................  Approximately 170.2     No.
                                 acres south of the
                                 Canadian River
                                 (currently denuded of
                                 vegetation) at the
                                 western border of
                                 LAMR where HWY 287
                                 nears the recreation
                                 area.
                                Approximately 65.2      Hunting Zone
                                 acres south of the      (complete
                                 Canadian River and on   overlap).
                                 the east side of Bull
                                 Taco Hill.
                                Approximately 119.3     Resource
                                 acres on the river      Protection Zone
                                 bottom.                 (partial
                                                         overlap).
                                Approximately 15.1      Resource
                                 linear miles of         Protection Zone
                                 routes and access       (partial
                                 points to the river     overlap).
                                 bottom.
                                Hunting Zone (complete
                                 overlap).
                                Approximately one       Beginner Zone
                                 linear mile of routes   (complete
                                 south of the Canadian   overlap).
                                 River near HWY 287.
------------------------------------------------------------------------

Management Zones

    As indicated in the tables above, the rule will also establish 
management zones at Blue Creek and Rosita. In some locations, the 
areas, routes, and access points designated for ORV use will enter into 
one or more of these management zones. When this occurs, special 
restrictions will apply to ORV use. These zones are designed to 
separate types of ORV use in the recreation area to avoid visitor 
conflict, protect the health and safety of visitors, and minimize 
impacts to natural and cultural resources. Zones will be identified on 
maps located at headquarters (419 E. Broadway, Fitch, TX 79036) and on 
the recreation area's Web site. The special restrictions for each 
management zone are described in the table below:

------------------------------------------------------------------------
        Management zone          Special restrictions   ORV use location
------------------------------------------------------------------------
Beginner Zone.................  Speed limit: 20 mph     Rosita.
                                 (unless otherwise
                                 posted).
                                Routes marked for
                                 beginner ORV
                                 operators only.
Camping Zone..................  Speed limit: 15 mph     Blue Creek.
                                 (unless otherwise      Rosita.
                                 posted).
                                ORVs may only be used
                                 to access the
                                 campground;
                                 recreational use
                                 prohibited..
                                ORVs may not be used
                                 from 10 p.m.-6 a.m.
                                 (unless otherwise
                                 posted), except that
                                 state-registered
                                 vehicles may be used
                                 during this time.
Hunting Zone..................  ORVs may be used only   Rosita.
                                 for hunting during
                                 the Texas general
                                 white-tailed deer
                                 season.
Low-Speed Zone................  Speed limit: 15 mph     Blue Creek.
                                 (unless otherwise
                                 posted).

[[Page 55262]]

 
Resource Protection Zone......  ORVs with a wheel       Rosita.
                                 width greater than 65
                                 inches are prohibited.
------------------------------------------------------------------------

Camping

    In addition to conditions for camping established by the 
Superintendent in the recreation area's compendium, the rule will 
establish rules related to camping at Blue Creek and Rosita. Camping 
will be prohibited in designated ORV areas, routes, and access points 
and within 100 feet of these locations, except for marked camping zones 
where camping will be allowed in or next to a motor vehicle, including 
a tent trailer, RV, or van.

Operational and Vehicle Requirements

    ORV use will be prohibited on vegetation anywhere in the recreation 
area. Driving through isolated pools of water will be prohibited at 
Rosita regardless of time or season for the protection of the Arkansas 
River shiner. Isolated pools of water means water that is not connected 
to or touching flowing water. ORVs will be allowed to cross flowing 
river water if they enter and exit the river bottom via designated 
access points. The decibel limit for all ORVs in the recreation area 
will be 96 dba. NPS personnel will enforce this rule by stopping and 
testing the decibel level of any ORV suspected of exceeding the noise 
limit. Noise level will be measured using the SAE J1287 standard. The 
rule will require ATVs to have a whip--a pole, rod, or antenna--
securely mounted to the vehicle that extends at least eight feet from 
the surface of the ground with an orange colored safety flag at the 
top. The rule will define ATVs using the definition currently found in 
Texas Transportation Code 502.001. The rule will require that ORVs have 
a functioning muffler system and functioning headlights and taillights 
if the ORV is operating at night. Operators will be required to use 
headlights and taillights starting one half hour before sunset and 
ending one half hour after sunrise. Glass containers (e.g., cups and 
bottles) will be prohibited in designated areas, routes, and access 
points, and in camping zones at Blue Creek and Rosita. Except for 
management zones with a slower speed limit, the speed limit will be 35 
mph (unless otherwise posted) on ORV routes and 55 mph (unless 
otherwise posted) on the river bottom at Blue Creek and Rosita. Speed 
limits will be implemented for visitor safety and to reduce driving 
that may damage resources.
    The provisions of 36 CFR part 4 (Vehicles and Traffic Safety), 
including state laws adopted by 36 CFR 4.2, will continue to apply 
within the recreation area. Currently, Texas law includes, but is not 
limited to, the following rules about ORVs:
     ORVs must have an off-highway vehicle (OHV) use decal 
issued by the State of Texas.
     ATV operators must wear eye protection and helmets 
approved by the Texas Department of Transportation.
     ATV operators must possess valid safety certificates 
issued by the State of Texas under Section 663.031 of the Texas 
Transportation Code.
     ATV operators under the age of 14 must be accompanied by a 
parent or guardian.
     ATV operators may not carry passengers unless the vehicle 
is designed by the manufacturer for carrying passengers.

Superintendent's Discretionary Authority

    The rule will allow the superintendent to open or close designated 
areas, routes, or access points to motor vehicle use, or portions 
thereof, or impose conditions or restrictions for off-road motor 
vehicle use after taking into consideration public health and safety, 
natural and cultural resource protection, and other management 
activities and objectives. The superintendent will provide public 
notice of all such actions through one or more of the methods listed in 
36 CFR 1.7.

Summary of Public Comments

    The NPS published the proposed rule at 80 FR 11968 (March 5, 2015). 
The NPS accepted comments through the mail, hand delivery, and through 
the Federal eRulemaking Portal at http://www.regulations.gov. Comments 
were accepted through May 4, 2015. The NPS received one comment on the 
proposed rule. A summary of this comment and the NPS responses are 
provided below. After considering the public comments and after 
additional review, the NPS did not make any substantive changes to the 
proposed rule. The final rule contains the following clarifications:
     All designated ORV locations will be marked on the ground 
by signs, posts, or cables.
     Provides the linear mileage of designated routes in the 
beginner zone.
     Clarifies that the restrictions in the hunting zone apply 
during the Texas general white-tailed deer season, rather than the more 
general rifle hunting season.
    Comment: The commenter suggested that, due to the proposed speed 
limits, the overnight camping zone in Rosita can be used by beginner 
riders and therefore the beginner zone is unnecessary.
    NPS Response: For the safety of all campers including children, the 
NPS determined that recreational ORV use should occur outside of the 
camping zones. In the camping zones, ORVs will be allowed only to 
access the campground; recreational ORV use will be prohibited. The 
beginner zone was requested by the public during the scoping process 
for the EIS and will be established so that beginners have a safe 
environment to learn how to drive for recreation without potential 
collisions with campers who are likely to be outside of their vehicles, 
or ORVs traveling at fast speeds.
    Comment: The commenter stated that education on signs and on the 
recreation area Web site, and the requirement to obtain a permit and 
decal is better than requiring ORVs to stay on designated trails. This 
comment also stated that ORVs should be allowed to cross or ride on the 
river bed at Rosita, especially when the water level is low.
    NPS Response: There are designated ORV areas in Rosita where ORVs 
will not have to stay on designated routes or access points. The 
designated areas will be delineated on the ground by signs, posts or 
cables. Education through signs, Web sites, written materials, or the 
permit system is an important tool for informing visitors about the 
importance of staying on designated routes, access points, and within 
the designated ORV areas. ORVs will be permitted to enter and exit the 
river bottom in Rosita only at designated access points. Designated 
access points are necessary to protect the Arkansas river shiner and 
shoreline vegetation and to reduce erosion. ORV use within the river 
bottom, including through flowing water but excluding isolated pools of 
water, will be permitted because the river bottom is a designated ORV 
route.
    Comment: The commenter suggested that, in Rosita, recreational ORVs 
be allowed in the hunting zone in the afternoon and at night during 
hunting season when there will no longer be an opportunity to harvest 
game.
    NPS Response: Hunters may be using weapons within the hunting zone

[[Page 55263]]

throughout the general white-tailed deer season during daylight hours. 
For visitor protection and to avoid confusion about when ORVs may be 
used for recreational purposes in the hunting zone, the rule will 
prohibit recreational ORV use in the hunting zone only during the 
general white-tailed deer season, but at all times of day or night.

Compliance With Other Laws, Executive Orders, and Department Policy

Use of Off-Road Vehicles on the Public Lands (Executive Orders 11644 
and 11989)

    Executive Order 11644, as amended by Executive Order 11989, was 
adopted to address impacts on public lands from ORV use. The Executive 
Order applies to ORV use on federal public lands that is not authorized 
under a valid lease, permit, contract, or license. Section 3(a)(4) of 
Executive Order 11644 provides that ORV ``[a]reas and trails shall be 
located in areas of the National Park System, Natural Areas, or 
National Wildlife Refuges and Game Ranges only if the respective agency 
head determines that off-road vehicle use in such locations will not 
adversely affect their natural, aesthetic, or scenic values.'' Since 
the Executive Order clearly was not intended to prohibit all ORV use 
everywhere in these units, the term ``adversely affect'' does not have 
the same meaning as the somewhat similar terms ``adverse impact'' and 
``adverse effect'' used in the National Environmental Policy Act of 
1969 (NEPA). In analyses under NEPA, a procedural statute that provides 
for the study of environmental impacts, the term ``adverse effect'' 
includes minor or negligible effects.
    Section 3(a)(4) of the Executive Order, by contrast, concerns 
substantive management decisions and must be read in the context of the 
authorities applicable to such decisions or applicable to the nature of 
the land management unit. LAMR is an area of the National Park System. 
NPS interprets the Executive Order term ``adversely affect'' consistent 
with its NPS Management Policies 2006. Those policies require that the 
NPS only allow ``appropriate use'' of parks and avoid ``unacceptable 
impacts.''
    This rule is consistent with those requirements. It will not impede 
attainment of the recreation area's desired future conditions for 
natural and cultural resources as identified in the FEIS. NPS has 
determined that this rule will not unreasonably interfere with the 
atmosphere of peace and tranquility or the natural soundscape 
maintained in natural locations within the recreation area. Therefore, 
within the context of the resources and values of the recreation area, 
motor vehicle use on the routes and areas designated by this rule will 
not cause an unacceptable impact to the natural, aesthetic, or scenic 
values of the recreation area.
    Section 8(a) of the Executive Order requires agency heads to 
monitor the effects of ORV use on lands under their jurisdictions. On 
the basis of information gathered, agency heads may from time to time 
amend or rescind designations of areas or other actions as necessary to 
further the policy of the Executive Order. The preferred alternative in 
the EIS includes monitoring and resource protection procedures and 
periodic review to provide for the ongoing evaluation of impacts of 
motor vehicle use on protected resources. The superintendent has 
authority to take appropriate action as needed to protect the resources 
of the recreation area.

Regulatory Planning and Review (Executive Orders 12866 and13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. We have developed this 
rule in a manner consistent with these requirements.

Regulatory Flexibility Act (RFA)

    This rule will not have a significant economic effect on a 
substantial number of small entities under the RFA (5 U.S.C. 601 et 
seq.). This certification is based on the cost-benefit and regulatory 
flexibility analyses found in the report entitled ``Benefit-Cost 
Analysis of ORV Use Regulations in Lake Meredith National Recreation 
Area'' that can be viewed online at http://parkplanning.nps.gov/lamr, 
by clicking the link entitled ``ORV Management Plan and Regulation'' 
and then clicking ``Document List.'' According to that report, no small 
entities will be directly regulated by the rule, which will only 
regulate visitor use of ORVs.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. 
This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act (UMRA)

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on state, 
local or tribal governments or the private sector. The designated ORV 
routes and areas are located entirely within the recreation area, and 
will not result in direct expenditure by state, local, or tribal 
governments. This rule addresses public use of NPS lands, and imposes 
no requirements on other agencies or governments. A statement 
containing the information required by the UMRA (2 U.S.C. 1531 et seq.) 
is not required.

Takings (Executive Order 12630)

    This rule does not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630. Access to private 
property adjacent to the recreation area will not be affected by this 
rule. A takings implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism summary impact statement. The rule is 
limited in effect to federal lands managed by the NPS and will not have 
a substantial direct effect on state and local government. A Federalism 
summary impact statement is not required.

[[Page 55264]]

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and have determined that tribal 
consultation is not required because the rule will have no substantial 
direct effect on federally recognized Indian tribes.
    During scoping for the EIS, recreational area staff sent letters to 
the Apache Tribe of Oklahoma, Caddo Nation of Oklahoma, Comanche 
Nation, Cheyenne-Arapaho Tribe of Oklahoma, Delaware Nation of 
Oklahoma, Fort Sill Apache Tribe of Oklahoma, Jicarilla Apache Nation, 
Kiowa Indian Tribe of Oklahoma, Mescalero Apache Tribe, Wichita & 
Affiliated Tribes requesting information on any historic properties of 
religious or cultural significance to the Tribes that will be affected 
by the FEIS. The same tribes were contacted when the recreation area 
released the Off-Road Vehicle Management Plan/Draft Environmental 
Impact Statement in January 2013. These tribes have not informed NPS 
staff of any concerns over historic properties of religious or cultural 
significance.

Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

    This rule does not contain any new collections of information that 
require approval by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act. OMB has approved the information collection 
requirements associated with NPS Special Park Use Permits and has 
assigned OMB Control Number 1024-0026 (expires 08/31/16). An agency may 
not conduct or sponsor and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act of 1969 (NEPA)

    This rule constitutes a major Federal action significantly 
affecting the quality of the human environment. We have prepared the 
FEIS and the ROD under the NEPA. The FEIS and ROD are summarized above 
and available online at http://www.parkplanning.nps.gov/lamr, by 
clicking on the link entitled ``ORV Management Plan and Regulation'' 
and then clicking ``Document List.''

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

Drafting Information

    The primary authors of this regulation are Lindsay Gillham, NPS 
Environmental Quality Division, and Jay Calhoun, NPS Regulations 
Program Specialist.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.
    In consideration of the foregoing, the National Park Service amends 
36 CFR part 7 as follows:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
1. The authority citation for part 7 continues to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.


0
2. In Sec.  7.57, revise paragraph (a) to read as follows:


Sec.  7.57  Lake Meredith National Recreation Area.

    (a)(1) What terms do I need to know? In addition to the definitions 
found in Sec.  1.4 of this chapter, the following definition applies to 
this Sec.  7.57 only.
    All-terrain vehicle or ATV means a motor vehicle that is:
    (i) Equipped with a seat or seats for the use of the rider and a 
passenger, if the motor vehicle is designed by the manufacturer to 
transport a passenger;
    (ii) Designed to propel itself with three or more tires in contact 
with the ground;
    (iii) Designed by the manufacturer for off-highway use;
    (iv) Not designed by the manufacturer primarily for farming or lawn 
care; and
    (v) Not more than 50 inches wide.
    (2) Off-road motor vehicle use. Operating a motor vehicle is 
allowed within the boundaries of Lake Meredith National Recreation Area 
off roads under the conditions in this paragraph (a).
    (3) Permit requirement. (i) A special use permit issued and 
administered by the superintendent is required to operate a motor 
vehicle off roads at designated locations in the recreation area. There 
is no limit to the number of permits that the Superintendent may issue.
    (ii) The NPS charges a fee to recover the costs of administering 
the special use permits. Permit applicants must pay the fee charged by 
the NPS in order to obtain a special use permit.
    (iii) Annual permits are valid for the calendar year for which they 
are issued. Three-day permits are valid on the day designated on the 
permit and the following two days. One-day permits are valid on the day 
designated on the permit.
    (iv) A permit applicant must acknowledge in writing that he or she 
understands the rules governing off-road vehicle use in the recreation 
area.
    (v) Each motor vehicle permitted to operate off roads must display 
an NPS decal issued by the superintendent. The NPS decal must be 
affixed to the vehicle in a manner and location specified by the 
superintendent.
    (vi) Permits may be requested from the recreation area headquarters 
in Fritch, Texas, or on the recreation area Web site.
    (4) Designated locations. (i) The operation of a motor vehicle off 
roads within the recreation area is prohibited except at the locations 
designated by this paragraph (a). Designated locations are identified 
on maps available at the recreation area headquarters and on the 
recreation area Web site, and are marked on the ground with signs, 
posts, or cables.
    (ii) Permitted motor vehicles may be used off roads at the 
following locations at Blue Creek, an area at the northern end of the 
recreational area that empties into Lake Meredith:

[[Page 55265]]



------------------------------------------------------------------------
                                 Designated locations
                                  for off-road motor        Part of a
                                      vehicle use       management zone?
------------------------------------------------------------------------
Blue Creek....................  Approximately 133.5     Low Speed Zone
                                 acres on the river      (partial
                                 bottom.                 overlap).
                                Approximately one       No.
                                 linear mile of routes
                                 and access points to
                                 the river bottom.
------------------------------------------------------------------------

    (iii) Permitted motor vehicles may be used off roads at the 
following locations at Rosita, an area of the Canadian River at the 
southern end of the recreation area:

------------------------------------------------------------------------
                                 Designated locations
                                  for off-road motor        Part of a
                                      vehicle use       management zone?
------------------------------------------------------------------------
Rosita........................  Approximately 170.2     No.
                                 acres south of the
                                 Canadian River
                                 (currently denuded of
                                 vegetation) at the
                                 western border of
                                 LAMR where HWY 287
                                 nears the recreation
                                 area.
                                Approximately 65.2      Hunting Zone
                                 acres south of the      (complete
                                 Canadian River and on   overlap).
                                 the east side of Bull
                                 Taco Hill.
                                Approximately 119.3     Resource
                                 acres on the river      Protection Zone
                                 bottom.                 (partial
                                                         overlap).
                                Approximately 15.1      Resource
                                 linear miles of         Protection Zone
                                 routes and access       (partial
                                 points to the river     overlap).
                                 bottom.
                                                        Hunting Zone
                                                         (complete
                                                         overlap).
                                Approximately one       Beginner Zone
                                 linear mile of routes   (complete
                                 south of the Canadian   overlap).
                                 River near HWY 287.
------------------------------------------------------------------------

    (5) Management zones. Some of the designated locations for off-road 
motor vehicle use enter into or abut one or more management zones that 
further manage this activity. These zones are identified on maps 
available at headquarters and on the recreation area Web site. Each 
zone has special restrictions governing off-road motor vehicle use as 
set forth in the following table:

------------------------------------------------------------------------
             Zone                Special restrictions       Location
------------------------------------------------------------------------
Beginner Zone.................  Speed limit: 20 mph
                                 (unless otherwise
                                 posted).
                                Routes marked for       Rosita.
                                 beginner operators of
                                 off-road vehicles
                                 only.
Camping Zone..................  Speed limit: 15 mph
                                 (unless otherwise
                                 posted).
                                Off-road vehicles may   Rosita.
                                 only be used to        Blue Creek.
                                 access the
                                 campground;
                                 recreational use
                                 prohibited.
                                Off-road vehicles that
                                 are not registered in
                                 a state may not be
                                 used from 10 p.m.-6
                                 a.m. (unless
                                 otherwise posted).
Hunting Zone..................  Off-road vehicles may   Rosita.
                                 be used only for
                                 hunting during the
                                 Texas general white-
                                 tailed deer season.
Low-Speed Zone................  Speed limit: 15 mph
                                 (unless otherwise
                                 posted).
                                Located approximately   Blue Creek.
                                 \1/2\ mile on either
                                 side of the FM 1913
                                 bridge.
Resource Protection Zone......  Off-road vehicles with  Rosita.
                                 a wheel width greater
                                 than 65 inches are
                                 prohibited.
------------------------------------------------------------------------

    (6) Camping at Blue Creek and Rosita. Camping is prohibited in 
designated ORV areas, routes, and access points and within 100 feet of 
these locations, except for marked camping zones where camping is 
allowed in or next to a motor vehicle, including a tent trailer, RV, or 
van.
    (7) Operational and vehicle requirements. The following 
requirements apply to the use of motor vehicles off roads in the 
recreation area:
    (i) At Rosita, operating a motor vehicle in an isolated pool of 
water that is not connected to or touching flowing water is prohibited.
    (ii) Operating a motor vehicle on vegetation is prohibited.
    (iii) Glass containers are prohibited in designated areas, routes, 
and access points, and in camping zones.
    (iv) Operating a motor vehicle in excess of 35 mph (unless 
otherwise posted) on designated routes and access points at Blue Creek 
and Rosita is prohibited.
    (v) Operating a motor vehicle in excess of the speed limits 
identified in paragraph (a)(5) (unless otherwise posted) in specific 
management zones is prohibited.
    (vi) Operating a motor vehicle in excess of 55 mph (unless 
otherwise posted) in the designated areas that are not part of a Low-
Speed Zone on the river bottoms at Blue Creek and Rosita is prohibited.
    (vii) All ATVs must be equipped with a whip--a pole, rod, or 
antenna--that is securely mounted on the vehicle and stands upright at 
least eight feet from the surface of the ground when the vehicle is 
stopped. This whip must have a solid red or orange safety flag with a 
minimum size of six inches by twelve inches that is attached no more 
than ten inches from the top of the whip. Flags must have a pennant, 
triangle, square, or rectangular shape.
    (viii) A motor vehicle must display lighted headlights and 
taillights during the period from one-half hour before sunset to one 
half hour after sunrise.
    (ix) Motor vehicles must have a functioning muffler system. Motor 
vehicles that emit more than 96 decibels of sound (using the SAE J1287 
test standard) are prohibited.
    (x) Operating a motor vehicle with a wheel width greater than 65 
inches in a Resource Protection Zone is prohibited.
    (8) Prohibited acts. Violating any provision of this paragraph (a), 
including the special restrictions for

[[Page 55266]]

each management zone, or the terms, conditions, or requirements of an 
off-road vehicle permit is prohibited. A violation may also result in 
the suspension or revocation of the applicable permit by the 
superintendent.
    (9) Superintendent's authority. The superintendent may open or 
close designated areas, routes, or access points to motor vehicle use, 
or portions thereof, or impose conditions or restrictions for off-road 
motor vehicle use after taking into consideration public health and 
safety, natural and cultural resource protection, and other management 
activities and objectives. The superintendent will provide public 
notice of all such actions through one or more of the methods listed in 
Sec.  1.7 of this chapter. Violating any such closure, condition, or 
restriction is prohibited.
* * * * *

    Dated: September 9, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-23168 Filed 9-14-15; 8:45 am]
BILLING CODE 4310-EJ-P